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Madras High CourtWP(MD)/12747/2025allowed

M.Balaiya v. The Managing Director

2025-04-28Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.12747 of 2025 M.Balaiya ...Petitioner Vs.

1. The Managing Director, TamilNadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

3. The General Manager, TamilNadu State Transport Corporation (Kum) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi, Sivaganagai District. ...Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a Writ of Mandamus directing the respondents to pay the 6% interest on the delayed payment of retirement benefits paid to the petitioner, from the date of his retirement i.e, 30.06.2023 to actual payment made on 16.04.2025, in view of the Hon'ble High Court orders and the petitioner's representation dated 18.04.2025.

For Petitioner : Mr.S.Sankar For R1 & R3 : Mr.K.Ramaiah Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus directing the respondents to pay the 6% interest on the delayed payment of retirement benefits paid to the petitioner, from the date of his retirement i.e, 30.06.2023 to actual payment made on 16.04.2025, in view of the Hon'ble High Court orders and the petitioner's representation dated 18.04.2025. 2/6

2. The petitioner was appointed as Technical staff in the respondent Corporation in the year 1984 and he retired from service on 30.06.2023. The learned counsel for the petitioner submits that the petitioner's terminal benefits was not settled immediately and there is an abnormal delay.

3. In view of the same, the only issue to be considered in this Writ Petition is with regard to interest payable on the belated settlement. This issue was dealt with by this Court on various occasions and this Court passed orders in several Writ Petitions. In fact, the issue involved in this writ petition is no longer res-integra.

4. This Court in W.P(MD)No.4866 of 2023 (C.MuruganVs. the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., and Another) by order dated 07.03.2023 has decided this issue.

5. Accordingly, by following the order stated supra, this Writ Petition is allowed with the following direction:

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The respondents shall pay interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits commencing from the date of retirement, till date of actual disbursement, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.

28.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No GVN 4/6

To,

1. The Managing Director, TamilNadu State Transport Corporation (Kum) Limited, TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

2. The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

3. The General Manager, TamilNadu State Transport Corporation (Kum) Limited, Karaikudi Region, Maruthupathi, Managiri, Karaikudi, Sivaganagai District.

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BATTU DEVANAND , J.

GVN W.P.(MD)No.12747 of 2025 28.04.2025 6/6